When Can You Abstract a Judgment in Texas? A Deep Dive (or at Least a Shallow Puddle)
So, you’ve won a lawsuit. Congrats! You’re officially the proud owner of a shiny new judgment. But what do you do with it? Well, you could frame it and hang it on your wall, but that's probably not the best use of your time or wall space. A more practical option is to abstract it.
What’s an Abstract of Judgment, Anyway? Think of it as a legal tattoo on someone's property. You're essentially marking their real estate as collateral for the money they owe you. Once you abstract the judgment, it becomes a lien on their property. This means if they ever decide to sell the place, they’ll have to pay off your judgment first. Sweet, right?
When Can You Get This Tattoo? You can't just run to the courthouse and yell, "I want a tattoo on their house!" There are some rules. First, you need to wait for the appeal period to end. This is usually around 30 days. Once that clock is up, you're free to unleash your legal ink.
How Long Does This Tattoo Last? Unfortunately, unlike real tattoos, these legal ones fade over time. In Texas, a judgment lien lasts for 10 years. But don’t worry, you can extend it for another two years if you play your cards right.
Exceptions to the Rule Of course, there are always exceptions. If the property is someone’s homestead (their primary residence), you generally can't slap a lien on it. There are some exceptions to this rule, but we’ll save that for another day.
So, How Do I Get This Tattoo? Glad you asked! You'll need to fill out an abstract of judgment form and file it with the county clerk where the property is located. It’s a bit like getting a marriage license, but with less romance and more legal jargon.
How To...
- How to calculate the appeal period: Check the court rules for the specific case. It's usually around 30 days.
- How to find out if a property is a homestead: Look at the property tax records. If it's listed as a homestead, it's probably protected.
- How to revive a judgment: Consult with an attorney. There are specific procedures to follow.
- How to release an abstract of judgment: If the debt is paid off, you can file a release of judgment with the county clerk.
- How to find a good lawyer: Ask friends, family, or do some online research. A good lawyer can make all the difference.
Remember, this is just a basic overview. Laws can be complex, and every situation is different. If you're serious about collecting on a judgment, it's always a good idea to consult with an attorney.
